What happens after I have served the divorce papers on my spouse?

Your spouse has 20 days to file an Answer with the court.  The Answer is your spouse's statement that tells the court whether he or she agrees or disagrees with what you say in your divorce Complaint, including whether he or she agrees or disagrees with what you are asking the court to do.

How will I know whether my spouse has filed an Answer?

Your spouse is supposed to mail a copy to you.  However, the best thing to do is check with the Family Court Central Intake Center after the 20 days are up to see whether your spouse has filed an Answer.

What if my spouse does not file an Answer?

• You can still go ahead with your divorce case.  But you must file for a default.
• To request a default, you must file two forms with the Family Court Central Intake Center:
  • An Affidavit in Support of Default and
  • An Affidavit in Compliance with the Servicemembers Civil Relief Act.

When will I have a court hearing?

The first court hearing will usually take place 30 to 60 days after you file your complaint.  The hearing will be scheduled by the judge who is assigned to your case.  You will receive a notice in the mail with the date, time and courtroom information for the hearing.  Your spouse will also be sent a notice at the address listed for your spouse on your complaint.  The first court hearing is called an "initial hearing" or an "initial scheduling conference."  The judge will see what the status of the case is and start to find out what the issues are that need to be decided.